710:50-17-2 Definitions

Official source

The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise: "Business location" means a location which includes, but is not limited to: a repair shop, parts department, purchasing office, employment office, warehouse, meeting place for directors, sales office, permanent sample or display room, research facility or a recreational facility for use of employees or customers. A residence of an employee or representative is not ordinarily considered a "business location" of the employer unless the facts indicate otherwise. It could be considered a business location under one or more of the following conditions: (A) a portion of the residence is used exclusively for the business of the employer; (B) the employee's phone is listed in the business pages of a telephone directory under the name of the employer; (C) the employee used supplies, equipment or samples furnished by the employer; or, (D) the space is used by the employee to interview prospective employees, hold sales meetings, or discuss business with customers. "Representative" does not include an independent contractor. A person may be considered a representative even though he or she may not be considered an employee for other purposes such as the withholding of income tax from commissions. If a person is subject to the direct control of the corporation, he or she may not qualify as an independent contractor under Public Law 86-272. Herff Jones Company vs. State Tax Commission, Oregon Supreme Court, 430 P.2d 998 (Ore. 1967). "Solicitation" must be limited to the acts which lead to the placing of an order. The term does not include those acts which follow as a natural result of the placing of an order.

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710:50-17-2 Definitions

Official source

The following words or terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise: "Business location" means a location which includes, but is not limited to: a repair shop, parts department, purchasing office, employment office, warehouse, meeting place for directors, sales office, permanent sample or display room, research facility or a recreational facility for use of employees or customers. A residence of an employee or representative is not ordinarily considered a "business location" of the employer unless the facts indicate otherwise. It could be considered a business location under one or more of the following conditions: (A) a portion of the residence is used exclusively for the business of the employer; (B) the employee's phone is listed in the business pages of a telephone directory under the name of the employer; (C) the employee used supplies, equipment or samples furnished by the employer; or, (D) the space is used by the employee to interview prospective employees, hold sales meetings, or discuss business with customers. "Representative" does not include an independent contractor. A person may be considered a representative even though he or she may not be considered an employee for other purposes such as the withholding of income tax from commissions. If a person is subject to the direct control of the corporation, he or she may not qualify as an independent contractor under Public Law 86-272. Herff Jones Company vs. State Tax Commission, Oregon Supreme Court, 430 P.2d 998 (Ore. 1967). "Solicitation" must be limited to the acts which lead to the placing of an order. The term does not include those acts which follow as a natural result of the placing of an order.